Yes. A recent Arizona case requires that severance pay was community property where the person’s employment began and ended during the marriage. This is true even if the severance was negotiated and paid after a petition for dissolution is filed.

This is more complicated. For one thing, the PPP and CARES Act program is still a work in progress, so the answer depends on the final result. But here are some ideas:

Your ex-to-be may have an interest in this loan if it is a community property business. A community property business is one that was acquired after marriage with community funds or to which you gifted an interest to your spouse after marriage. The loan proceeds are supposed to be used to pay for designated business expenses, which means that there may practically not be any net value after these expenses are paid. However, the PPP allows a business owner to apply for forgiveness of that portion of the loan that was used for the designated business expenses. The forgiven amount is tax free. Because the business expenses are already tax deductible, the tax free benefit may be a bonus (depending on the final interpretation of the PPP forgiveness terms) – which may be an extra benefit over and above the loan.

It is also possible that your business made enough during the months covered by the virus that you could save the funds you would otherwise expend for the loan designated business expenses. You may still receive forgiveness because the loan proceeds themselves were used for the business expenses. But, your business will have more cash. Again, the final rules on these programs have not been written yet and things may change. But you should definitely flag this as an issue in your divorce.